Undue Influence

A will should reflect the true wishes of the person who created it. Unfortunately, that is not always the case. In some situations, a family member or other person close to the will creator could use deception or even force to pressure an individual to make their will favorable to them.

When this type of manipulation occurs, beneficiaries and family members may have grounds to challenge the will. Because these disputes can involve significant assets and complicated legal issues, many families turn to a Montgomery County undue influence lawyer to investigate suspicious circumstances and determine whether a will contest is appropriate.

What Is Undue Influence?

Undue influence occurs when someone uses pressure or manipulation to influence decisions regarding an estate plan against the creator’s will. This is more than just weighing in with an opinion or making sure their voice has been heard, and it is usually done by someone in a position of power or authority.

It’s important to understand that every attempt to persuade someone doesn’t necessarily constitute undue influence, since discussions of inheritance among family members are commonplace. These problems only crop up when there is overwhelming pressure for the creator to adopt a change they wouldn’t have agreed to on their own. Some of the common warning signs of undue influence include:

• Sudden changes to a will
• Unexpected disinheritance of close relatives
• Secrecy surrounding the creation of estate planning documents
• Situations where a trusted individual receives a substantial benefit

When undue influence affects the creation of a will, interested parties may challenge it in court. Our Montgomery County undue influence attorneys can guide you through this process.

The Will Contest Process in Philadelphia

Will contests involving allegations of undue influence are generally handled through the Orphans’ Court Division of the Court of Common Pleas. While every case is different, most follow a similar process.

Filing the Challenge

The process begins when an interested party files a legal challenge to the will. The person contesting the document must explain the reasons for the challenge and identify the facts supporting the claim of undue influence.

Discovery

During discovery, both sides gather additional information and question witnesses under oath to understand the evidence that will be used at trial. In some situations, this can provide grounds for a settlement agreement.

Hearings

The court reviews the evidence and considers arguments offered by both sides. Because undue influence cases often involve disputed facts, witness credibility can become a significant factor.

Final Decision

After reviewing the evidence, the court determines whether the will is valid. If the court finds that undue influence occurred, it may invalidate the will and apply other estate planning documents or legal rules governing inheritance.

What Happens if a Will Contest Is Successful?

When a will contest succeeds, the challenged will does not control the distribution of the estate. This can mean many different things depending on what happened before the voided will was created.

In many situations, the court will enforce a prior valid will if one exists. For example, if the deceased person signed a new will under undue influence but had an earlier valid will, the court may rely on the earlier document to determine how assets should be distributed.

If there is no earlier valid will, the estate may be distributed according to Pennsylvania’s intestacy laws. These laws establish a default inheritance system that generally favors spouses, children, parents, and other close relatives.

In some cases, litigation uncovers additional misconduct involving financial exploitation or misuse of assets before death. Those issues may lead to separate legal proceedings beyond the will contest itself.

Other Grounds for Challenging a Will

Undue influence is one of the most common reasons for a will challenge, but there are other grounds you should be aware of. One common issue is a lack of testamentary capacity. To create a valid will, a person must understand the nature of making a will and the impact of their decision. If they don’t understand the consequences of their decision, they lack the capacity to create a will.

Fraud may also provide grounds for a challenge. Fraud occurs when someone deceives the testator into signing a will or making estate planning decisions based on false information.

Forgery is another potential issue. Questions sometimes arise as to whether the deceased actually signed the document or whether alterations were made after execution.

Improper execution can also create problems. Pennsylvania law requires certain formalities when preparing and signing wills. Failure to comply with those requirements may affect the document’s validity.

Call a Montgomery County Undue Influence Lawyer as Soon as Possible

Concerned about the prospect of undue influence in your loved one’s will? Now is the right time to talk over your legal options with a professional. At Klenk Law, we will work tirelessly to ensure your rights are protected. Call today for a private consultation with a Montgomery County undue influence lawyer.

Frequently Asked Questions

Who can challenge a will in Pennsylvania?

Generally, individuals who would benefit if the will were invalidated, such as beneficiaries under a prior will or legal heirs, may have standing to contest a will.

Does a caregiver receiving an inheritance automatically prove undue influence?

Caregivers are allowed to inherit, but there is the potential for undue influence depending on the circumstances.

Can a will contest be settled?

Yes. Some disputes are resolved through negotiation before ever going to trial.

How long does a will contest take?

The length of a will contest varies depending on factors like the complexity of the dispute and the likelihood of a settlement.